Understanding the “Standard of Care” in Medical Malpractice Claims

When you go to the hospital or visit a doctor, you expect to receive a certain level of professional treatment. But what happens when a doctor’s mistake leads to a serious injury? To hold a medical provider accountable in court, you have to prove they violated the “standard of care.”

At Lowenthal & Abrams, P.C., our Philadelphia medical malpractice lawyer team helps families navigate these complex rules. Understanding this legal concept is the first step in knowing if you have a case.

What Is the “Standard of Care” in a Medical Malpractice case?

The “standard of care” is the level of care that a reasonably careful and competent doctor would provide under the same circumstances. It is used to measure whether a provider acted properly during your treatment.

If most doctors had ordered a certain test or noticed a specific symptom, and your doctor did not, they may have “breached” or broken the standard of care. This breach is what makes a medical error move from a simple mistake to a legal act of malpractice.

Why Is the “Standard of Care” Important in a Lawsuit?

The “standard of care” is important because it is the legal benchmark used to determine whether a doctor acted negligently. Without it, there would be no clear way to evaluate a provider’s actions.

Medicine is not always perfect, and not every bad outcome is a doctor’s fault. Even with proper care, a patient may not recover. The “standard of care” helps separate unavoidable outcomes from preventable mistakes.

The “standard of care” protects both patients and doctors:

• For Patients: It ensures that you are entitled to a high level of safety and attention.
• For Doctors: It ensures they aren’t sued just because a treatment didn’t work, as long as they followed the right steps.

According to research published in the Journal of the American Medical Association (JAMA), medical malpractice payments in the United States total billions of dollars each year. Many of these cases depend on proving that the standard of care was not met.

How Do Courts Decide What the “Standard of Care” Should Be?

The court looks at several factors to decide what a “reasonable” doctor should have done.

1. The Doctor’s Training

A general family doctor is held to a different standard than a brain surgeon. If you are seeing a heart doctor, the court will ask what other heart doctors in similar hospitals would have done.

2. Available Resources and Setting

The setting may be considered when evaluating care. A provider working in a smaller facility with limited resources may be judged differently from one in a fully equipped hospital, but both are still expected to provide safe and appropriate care.

3. Current Medical Knowledge

Medical standards change as we learn more. A doctor is judged based on the medical knowledge available at the time of the treatment. They are expected to stay up-to-date on new safety protocols and common treatments.

What Are the Most Common Types of Medical Malpractice?

Medical malpractice happens in many ways, but most cases fall into a few specific categories where the doctor failed to do what was expected.

• Failure to Diagnose: A patient shows classic signs of a heart attack, but the doctor sends them home with antacids for “heartburn.”
• Surgical Errors: A surgeon operates on the wrong limb or leaves a piece of medical equipment inside the patient.
• Medication Mistakes: A nurse gives a patient a drug they are allergic to, even though the allergy is listed clearly in the chart.
• Inadequate Monitoring: A hospital fails to check a patient’s vitals after surgery, missing signs of internal bleeding.

How Does a Lawyer Prove the “Standard of Care” Was Violated?

A lawyer proves the “standard of care” was violated by gathering expert opinions and medical evidence that show what should have happened and how the provider failed to meet that standard.

Proving that a doctor was negligent at their job is difficult. You cannot just stand in front of a jury and say the doctor made a mistake. You need a specific type of proof.

The Role of Outside Medical Professionals

In Pennsylvania, you usually need another doctor to review your records. This outside doctor must be someone with similar training. They will look at your charts and testify about what should have happened. They explain to the jury exactly where your doctor went off the path of safety.

The “Certificate of Merit”

In many states, including Pennsylvania, you can’t even start a lawsuit without a “Certificate of Merit.” This is a document where a medical professional confirms that there is a valid reason to believe the standard of care was broken.

How Can Lowenthal & Abrams, P.C. Help With Your Medical Malpractice Claim?

A medical malpractice lawyer helps by reviewing your case, gathering evidence, and working with medical professionals to determine whether the “standard of care” was not met.

• Reviewing Medical Records: A lawyer works with medical professionals to carefully examine your records and identify where care may have gone wrong.
• Gathering Evidence: They look for gaps in documentation, missing records, and inconsistencies that may point to a failure in care.
• Working With Qualified Experts: Lawyers consult with medical professionals in the same field to evaluate your case and explain what should have been done under similar circumstances.
• Handling Communication With Hospitals and Insurers: A lawyer deals directly with hospitals, doctors, and insurance companies, so you are not pressured into giving statements or accepting a low offer.
• Building a Strong Legal Strategy: They organize the evidence and expert opinions into a clear claim that shows how the provider’s actions led to your injury.
• Meeting Legal Requirements: A lawyer ensures all filings, deadlines, and required documents, like the Certificate of Merit, are handled correctly.

Get Answers About Your Medical Malpractice Case

If you or someone you love was hurt in a hospital, you shouldn’t have to guess if the doctor followed the rules. Medical malpractice cases are time-sensitive and very difficult to win without a strong team behind you.

At Lowenthal & Abrams, P.C., we have over 40 years of experience holding medical providers to the high standards they owe their patients.

Do you think your doctor broke the “standard of care”? Contact us today for a free consultation. Let our medical and legal team review your records and give you the answers you deserve.